BOYD v. BLAKE

No. 67SC10.

159 S.E.2d 256 (1968)

1 N.C. App. 20

Claudia BOYD, by her Next Friend Charles B. Deane, Jr. v. Virginia Dare BLAKE.

Court of Appeals of North Carolina.

February 21, 1968.


Attorney(s) appearing for the Case

Pittman, Pittman & Pittman, Rockingham, for plaintiff appellant.

Leath, Bynum, Blount & Hinson, Rockingham, for defendant appellee.


BRITT, Judge.

Although defendant in her answer pleads contributory negligence on the part of plaintiff and the doctrine of "sudden appearance," defendant's counsel with his usual candor admits that neither of these is applicable to the facts in this case. Therefore, the only question presented by this appeal is whether there was sufficient evidence of actionable negligence on the part of defendant to be considered by the jury.

In reviewing a judgment of nonsuit...

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